Abolish Non-Crime Hate Incidents

The term 'non-crime hate incident' describes an incident which involves an act by a person which is perceived by another person to be motivated by hostility or prejudice towards people with a particular characteristic, i.e. race, religion, sexual orientation, disability, transgender identity.

We believe that finding common agreement of what can be considered 'hateful' is difficult. We think that it is entirely subjective and therefore constitutes an existential threat to the freedom of speech / expression of the general public, as a non-crime hate incident can show up on an enhanced Disclosure and Barring (DBS) check, putting a person's future employment prospects at risk for what we believe may ultimately be harmless jokes or a disagreement of opinion.

The Home Secretary has been clear that a consistent and common-sense approach must be taken with non-crime hate incidents (NCHIs). The Government has also been clear that its top priority for policing is delivering on the safer streets mission to rebuild neighbourhood policing, restoring public confidence, and making progress on the ambition to halve knife crime and violence against women and girls.

The recording of NCHIs stems from the murder of Stephen Lawrence in 1993. The 1999 Stephen Lawrence Inquiry Report called for Codes of Practice to create “a comprehensive system of reporting and recording of all racist incidents and crimes”. NCHI recording has since expanded to cover all the protected characteristics covered by hate crime laws in England and Wales: race, religion, disability, sexual orientation and transgender identity.

NCHIs are recorded by the police to collect information on incidents which may be motivated by hate and which could escalate into more serious harm, but which do not by themselves constitute a criminal offence. For many years, the police have monitored data relating to these incidents, where necessary and proportionate to do so, in order to monitor tensions and protect individuals and communities from serious crimes. It is already clear in police guidance and in the code of practice produced by the previous government that trivial, irrational and/or malicious complaints should not be recorded.

The Home Office has agreed that the National Police Chiefs’ Council (NPCC), supported by the College of Policing, will now conduct a review on the use and effectiveness of NCHIs. The review will cover when the police should record information that has not yet reached the criminal threshold, but which is still deemed necessary to monitor community tensions and keep the public safe. It will also take into account the fundamental right of freedom of expression and recent court rulings in this area. The Government welcomes this review and will work closely with the NPCC and the College as they develop their findings and any proposals on this issue.